Zoning Planning & Land Use Law in California
The laws controlling how land can and cannot be used in Manhattan Beach, California are fairly intricate, and can be confusing to laypersons. This should provide a basic overview.
Local governments will normally divide the city or town into sections, called "zones," each of which is designated for a specific use, such as residential homes, commercial businesses, agriculture, manufacturing, etc. This process is known as "zoning."
Zoning serves many different purposes - but it its major one is to increase or preserve property values by ensuring that conflicting uses don't result in legal disputes. Obviously, if you bought a house in a residential neighborhood, and your neighbor could just convert his property into a steel mill, your property's value as a residential lot would decrease substantially.
Zoning laws typically acknowledge the necessities of things like factories, sewage treatment plants, and stockyards, but recognize that such activities shouldn't be done in residential areas.
Possible Outcomes of Boundary and Title Disputes in Manhattan Beach, California
Suppose you find that some condition on your land is in violation of Manhattan Beach, California's zoning laws. In cases like this, you have quite a few avenues.
First of all, and most simply, the owner could just fix the violation. If the violation isn't very considerable, and fixing it wouldn't cost very much, this is likely the best and simplest option.
Of course, just fixing a zoning violation isn't always modest or easy, and may interfere with your planned use of your property. For instance, you might have just undertaken a considerable remodeling of your home, and later found out that some small part of it technically doesn't conform to Manhattan Beach, California's zoning laws. If this happens to you, you can apply to your local zoning board for what's known as a "variance." This is simply a decree by the zoning board that the particular rule your property violates no longer applies. The Supreme Court has held that local zoning boards have to grant variances when the violation is extremely minor, and enforcing the ordinance would be unduly burdensome and not in the public interest.
Furthermore, if the zoning laws governing your property have changed, and some aspect of it is now violating the new rules, these changes can typically not be enforced against you, because it would be unfair to apply a new law retroactively.
What Can A Manhattan Beach, California Attorney Do?
If you suddenly become involved in a zoning dispute with your local government, it's necessary to seek competent legal representation. The counsel of an accomplished Manhattan Beach, California real estate attorney can make it much easier for you to act within the law to use your own property as you wish, or at least be as free as possible to make improvements to your land.